No. 23-5738

Angela Cao v. BSI Financial Services, Incorporated, et al.

Lower Court: Fifth Circuit
Docketed: 2023-10-10
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-procedure due-process fair-procedure judicial-authority jurisdiction jurisdictional-defect procedural-fairness res-judicata rule-60b4 subject-matter-jurisdiction usurpation-of-power
Key Terms:
DueProcess
Latest Conference: 2024-01-05
Question Presented (AI Summary)

Whether factors of correct administration of the rules and fair procedure to allow a party an opportunity to litigate the question of jurisdiction must be considered prior to attaching res judicata to a jurisdictionally defective judgment

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether factors of correct administration of the rules and fair procedure to allow a party an opportunity to litigate the question of jurisdiction must be considered prior to attaching res judicata to a jurisdictionally defective judgment. 2. Whether a court's omission which led a litigant to believe that it did not adjudicate matters beyond its authority constitutes as a deliberate usurpation of : power or manifest abuse of authority. 3. Whether the courts are required to first find that it had subject-matter jurisdiction prior to denying and/or dismissing a Rule 60(b)(4) motion. i

Docket Entries

2024-01-08
Petition DENIED.
2023-11-30
DISTRIBUTED for Conference of 1/5/2024.
2023-11-07
Waiver of right of respondents BSI, Christina Trust, Stanwich, Stanwich Trust and Carrington to respond filed.
2023-08-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 9, 2023)

Attorneys

Angela Cao
Angela Cao — Petitioner
BSI, Christina Trust, Stanwich, Stanwich Trust and Carrington
Richard Dwayne DannerMcGlinchey Stafford PLLC, Respondent